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Denver DA pursues death penalty against man in 5 stabbing murders

By Jordan SteffenThe Denver Post

Posted:
07/25/2013 11:28:43 AM MDT

Updated:
07/26/2013 07:40:13 AM MDT

Denver police and fire officials are at the scene of an arson-homicide investigation after five bodies were found inside a bar, Wednesday, October 17, 2012, at at Fero's Bar and Grill, 351 S. Colorado Blvd. (RJ Sangosti, The Denver Post)

Dexter Lewis is accused of stabbing five people to death at a Denver bar in October. Two co-defendants accepted plea deals earlier this week.

The murder case against a 23-year-old man accused of stabbing five people to death at a Denver bar "cries for the death penalty," Denver District Attorney Mitch Morrissey said Thursday.

Prosecutors announced they will seek the death penalty against Dexter Lewis, who faces 16 counts in the Oct. 17 attack at Fero's Bar and Grill. The charges include multiple counts of first-degree murder, felony murder, robbery and arson.

It marks the first time since 2001 that Denver prosecutors have pursued the death penalty. The last time a Denver jury sentenced a defendant to death was in 1986.

In explaining his decision, Morrissey revealed for the first time that Lewis — not his co-defendants — allegedly inflicted the fatal stab wounds on all five victims.

"I've never seen a case where five people were killed at the hands of one individual," Morrissey said after the hearing. "We have a man and four women who were allegedly laid facedown at a bar and butchered."

Since taking office in 2005, Morrissey said he has considered capital punishment in about a dozen cases. In making his decision, Morrissey said he spoke with victims' families and gave defense teams for each defendant a chance to weigh in.

Lewis appeared in a red jumpsuit and restraints Thursday. Between whispering comments to his attorneys, Lewis glanced sideways at the victims' families sitting in the courtroom.

He showed little response after prosecutors said they are seeking death.

Lynell Hill pleaded guilty to three counts, including second-degree murder and arson. He will receive a sentence of 70 years in prison.

Joseph Hill pleaded guilty to five counts of first-degree felony murder and will face a sentence of life in prison without the possibility of parole for each count.

Both men agreed to testify against Lewis.

Lewis was never offered a plea agreement, Morrissey said.

The three men ordered the victims to lie on the ground and hand over their credit cards, and when one victim refused, Joseph Hill and Lewis allegedly started stabbing people, according to a search warrant.

Harris, an informant for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives on an unrelated investigation, told detectives he was with the trio when the crimes occurred. Harris has not been charged.

Lewis allegedly asked his cellmate to kill Harris, members of his family, and others who Lewis said cooperated with police, according to the search warrant. Authorities also found a hand-drawn map of the crime scene they say Lewis drew, and detectives described it as accurate.

Morrissey said Lewis' alleged request to his cellmate did not weigh heavily in his decision.

A man who identified himself as Lewis' uncle said his family is upset that charges have not been filed against Harris.

District Court Judge John Madden said concerns raised by Lewis' family members about his attorneys will have to be addressed at a later date.

Stephen Meswarb, deputy director of the ACLU of Colorado, said he was disappointed by Morrissey's decision.

"When prosecutors choose to pursue death, as Morrissey did today, they validate a deeply flawed system and disregard the substantive costs, both in terms of morality and actual taxpayer dollars, that accompany their decision," Meswarb said in a statement.

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